U.S. Nuclear Regulatory Commission

Processing of Transportation Enforcement Cases Based on Third Party Data Collected by Agreement State Agencies

HPPOS-058 PDR-9111210237

Title: Processing of Transportation Enforcement Cases

Based on Third Party Data Collected by Agreement State

Agencies

See the memorandum from H. D. Thornburg to B. H. Grier (and

others) dated December 5, 1980, and the two enclosed

memoranda from S. Sohinki to J. H. Sniezek dated November

13, 1980, and J. H. Sniezek to J. Lieberman dated November

3, 1980. It is appropriate to process enforcement actions

against NRC licensees on the basis of data obtained by a

State.

On October 17, 1980, NRC representatives met with officials

of the South Carolina Bureau of Radiological Health to

discuss matters of mutual interest regarding inspection of

incoming waste shipments to a waste disposal site. Among

the items discussed was the question of whether or not NRC

was planning to use data and evidence collected by the

State inspectors to process enforcement actions on

violations by NRC licensee / shippers in those cases when an

NRC inspector was not physically present at the site when

the shipment was inspected. This question had arisen on a

number of occasions and its answer became all the more

important since NRC coverage at the site was about 3 to 5

days per month.

It is an OELD opinion that should any transportation

enforcement action result in a hearing, the results of

inspections performed by state inspectors which form the

bases for NRC action would be admissible provided the state

inspectors are available to testify. OELD has spoken to

the Assistant Attorney General for the Division of Health

and Environmental Control, and informed that the state

inspectors were anxious to cooperate in any way they can in

the event of a hearing. In order to effectively foster

that cooperation, however, two items were discussed that

are believed to be helpful.

First, both NRC headquarters and the Region II staff must

recognize that, to the extent of reliance upon state

inspectors in South Carolina, the state should be kept

informed with regard to every step of NRC proposed

enforcement actions. This includes providing the Division

of Health and Environmental Control with drafts of all

proposed enforcement documents so that they are aware of

the action and can assure our enforcement document does not

mischaracterize any actions taken by state inspectors.

Second, from time to time NRC issues Bulletins that

interpret IE enforcement criteria or standards. To the

extent that any of these Bulletins or other interpretive

documents relate to activities conducted by state

inspectors, the Division of Health and Environmental

Control should receive copies.

The discussions with South Carolina were somewhat further

advanced than with other states. Accordingly, Region II

was asked to finalize any necessary details with South

Carolina and proceed to process a "test case" when the

appropriate opportunity presents itself. Region V was

asked to explore the idea with state licensing authorities

in Nevada and Washington, with the view of obtaining their

agreement to cooperate on such cases. If they appeared

agreeable, all that would remain would be to coordinate the

protocols and proceed on some test cases.

Regulatory references: 10 CFR 2, 10 CFR 71

Subject codes: 12.7, 12.17

Applicability: All